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COVID-19 MANDATORY NOTICE RELEASED

3/26/2020

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On March 25 (as promised), the Department of Labor (DOL) released the mandatory poster that all employers with less than 500 employees are required to display in the workplace. The poster outlines employee leave rights under the Families First Coronavirus Response Act (FFCRA). A link to the poster can be found here.

This poster is required to be posted in a visible location on the premises where employees can see it. (I know, you are now asking, how do I do this if my workplace is now remote?). The DOL has stated that employers may meet their notice requirement by emailing the notice to employees or posting it on an employee information internal or external website.

R&R Human Resources Solutions is here to help you navigate this treacherous time. Please stay safe, healthy and keep in touch and reach out with any questions you have. 
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March 21st, 2020

3/21/2020

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EMERGENCY PAID SICK LEAVE ENACTED
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On March 18, President Trump signed into law the Families First Coronavirus Response Act (FFCRA). The Act will take effect on April 2, 2020 and expire on December 31, 2020. The FFCRA requires employers with up to 500 employees and government employers to provide paid sick leave and paid family leave to their employees. The Act also provides a refundable payroll tax credit to employers to cover 100% of the cost of wages. This is in addition to other emergency measures in response to the pandemic.
 
Emergency Paid Sick Leave
Employees qualify for emergency paid sick leave if they are unable to work (or telework) for certain COVID-19-related reasons (this is in addition to time available under the employer’s existing paid leave policies):
 
  1. If the employee has been advised by a health care provider to self-quarantine due to concerns regarding COVID-19;
  2. If the employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis,
  3. To comply with a federal, state, or local quarantine order related to COVID-19;
  4. If the employee is caring for a family member who is subject to a quarantine or isolation order related to COVID-19 or who has been advised by a health care provider to self-quarantine; or
  5. To care for a child of the employee whose school or childcare provider is closed or unavailable due to COVID-19 precautions.
 
Full-time employees are entitled to 80 hours of pay and part-time employees are entitled to the number of hours the employee works, on average, over a two-week period of time. If not used, this time does NOT carry over into 2021 and is not paid out upon termination.
 
Amount of Pay:
  • For the first three reasons above, the benefit must replace all of the employee's wages up to a maximum benefit of $511 per day.
  • For the last two reasons above, the benefit must replace at least two-thirds of the employee's wages up to a maximum benefit of $200 per day.
  • The law provides a refundable tax credit for employers equal to 100% of mandated paid sick leave costs. The credit also offsets, uncapped, the employer contribution for health insurance premiums for the employee for the period of leave.
  • Emergency paid sick leave is not considered wages for Social Security payroll tax purposes.


Emergency Family Medical Leave
Employers must offer up to 12 weeks of job protected paid family leave for employees who have been employed for at least 30 days for the following limited reason:
 
  • If the employee is unable to work (or telework) due to the closure of a minor child's school or place of care, due to a public health emergency.
 
The first 10 days of Emergency Family Medical Leave are unpaid, but the employee can overlap this with the 10 days of Emergency Paid Sick Leave. This benefit must replace at least two-thirds of the employee's wages up to a maximum of $200 per day.
 
The paid family leave tax credit offsets 100% of employer costs for providing mandated paid family leave. The credit also offsets, uncapped, the employer contribution for health insurance premiums for the employee for the period of leave.
 
Reinstatement
The Emergency Family Medical Leave generally requires employers to reinstate employees in the same job or an equivalent position when they return to work, but there is an exception for employers with fewer than 25 employees, if the position no longer exists due to economic conditions or operational changes that are made because of the public health emergency.
 
Other Provisions
  • The U.S. Treasury is expected to use its regulatory authority to advance funds to some small businesses to cover the cost of providing paid sick leave.
  • Coverage for COVID-19 testing at no cost under health plans.
 
STAY TUNED!!
 
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